page 31
1. the product has been introduced into commercial channels in the territory
from which it is to be imported by the certificate holder or with his consent;
2. the certificate claiming the product or process used for its manufacturing is in
force in the territory from which the product is to be imported and is the
property of the same person who holds the certificate in Burundi or that of a
person under his control.
Article 143: In the event that the importer has not achieved the goal that justified the decision
by the Minister responsible for trade to consider the rights granted by the
certificate exhausted, the Minister shall revoke the authorization on his own
initiative or at the certificate holder’s request.
Article 144: In the event that the conditions which led to the decision by the Minister to
consider the utility model certificate exhausted no longer obtain, the Minister
responsible for trade may, on his own initiative or at the request of the certificate
holder or the owner of the mark, revoke the authorization, provided that that the
importer’s legitimate interests are taken into consideration, primarily to the
effect that the importer shall retain the right to clear his stock.
Section 9. Term of protection and annual fees
Article 145: The utility model certificate shall expire ten years after the corresponding
application is filed.
In the event that the utility model certificate is issued more than four years after
the date of filing, the term of protection conferred by this certificate shall be
automatically extended by the entire period which has elapsed since the date of
filing.
Article 146: A progressive annual fee must be paid in advance to the Industrial Property
Director as from the first year following the date on which the application for the
utility model certificate is filed, in order to maintain the validity of the utility
model certificate or its application.
A holder of a utility model certificate who has failed to pay his annuity on the
date on which the application for the utility model certificate is filed shall lose
all his rights.
Nevertheless, the holder of the utility model certificate shall have a six-month
grace period to make payment. Should this be the case, he shall be obliged to
pay a surcharge for late payment.
Section 10. Re-establishment of the utility model certificate
Article 147: If the protection granted by a utility model certificate has not been renewed
owing to circumstances beyond the holder’s control, he or his successors in title
may, subject to payment of the prescribed annual fee and, as the case may be,
payment of a surcharge for late payment, request its restoration within a period
of six months as from the date on which the above-mentioned circumstances